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Bonus Episode: Is Cake “Art” and Entitled to First Amendment Free Speech Protections?

Jul 27
·
25 minutes

On this bonus episode, Katie and Steve discuss the recent SCOTUS case Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018). In this case, a baker claimed his First Amendment free exercise and free speech rights were violated when he was found in violation of a Colorado statute prohibiting disparate treatment based on sexual orientation in public accommodations for refusing to make and sell a wedding cake to a gay couple. The baker refused to make the wedding cake because of his religious objections to gay marriage. Although the controlling decision of the Supreme Court only dealt narrowly with the baker’s free exercise, religious discrimination claim, free expression issues lurked in the background and were taken up directly and forcefully in Justice Thomas’ partial concurrence. Katie and Steve discuss the free expression part of the case and its real or imagined relationship to artist’s rights and government censorship of art. The Art Law Podcast is excited to showcase new musical compositions by Chris Thompson. Chris is a New York City-based music producer, arranger, and percussionist, who has been a longstanding member of the renowned contemporary music ensemble, Alarm Will Sound. Chris has also performed, recorded, or arranged for a long list of internationally recognized artists and ensembles. You can learn more about Chris and his music on his website, www.chrispthompson.com, where you can also listen to and purchase his most recent album, Lot Hero. Resources: https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf Music by Chris Thompson. Produced by Jackie Santos.Read more »

On this bonus episode, Katie and Steve discuss the recent SCOTUS case Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018). In this case, a baker claimed his First Amendment free exercise and free speech rights were violated when he was found in violation of a Colorado statute prohibiting disparate treatment based on sexual orientation in public accommodations for refusing to make and sell a wedding cake to a gay couple. The baker refused to make the wedding cake because of his religious objections to gay marriage. Although the controlling decision of the Supreme Court only dealt narrowly with the baker’s free exercise, religious discrimination claim, free expression issues lurked in the background and were taken up directly and forcefully in Justice Thomas’ partial concurrence. Katie and Steve discuss the free expression part of the case and its real or imagined relationship to artist’s rights and government censorship of art. The Art Law Podcast is excited to showcase new musical compositions by Chris Thompson. Chris is a New York City-based music producer, arranger, and percussionist, who has been a longstanding member of the renowned contemporary music ensemble, Alarm Will Sound. Chris has also performed, recorded, or arranged for a long list of internationally recognized artists and ensembles. You can learn more about Chris and his music on his website, www.chrispthompson.com, where you can also listen to and purchase his most recent album, Lot Hero. Resources: https://www.supremecourt.gov/opinions/17pdf/16-111_j4el.pdf Music by Chris Thompson. Produced by Jackie Santos.Read Less